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Madras High CourtCRL OP(MD)/16420/2025granted

Subash @ Thangapandian v. The State Of Tamilnadu Rep.By

2025-09-26Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.16420 of 2025

1. Subash @ Thangapandian

2. Alexpandian @ Sullan ... Petitioners/ Accused Nos.1 & 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.

(Crime No.26 of 2025) ... Respondent/Complainant For Petitioners : Mr.G.Vinshnuram For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.26 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 03.07.2025 for the offences punishable under Sections 126(2), 296(b), 311 and 351(3) of BNS, Act, 2023, in Crime No.26 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 02.07.2025, at about 10:30 p.m., when the defacto complainant was riding a two-wheeler near Karuppanasamy Temple, the petitioners approached him, demanded money, threatened him at knifepoint, and also snatched a sum of Rs. 1,000/-. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 03.07.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the investigation has been completed and the charge sheet has been filed.

5. Taking into consideration the fact that the Goonda has been revoked and the charge sheet has been filed and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Kamuthi, and on further conditions that :- [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. They have to co-operate for the investigation.

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[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 26.09.2025 jbr 4/6

To

1. The Judicial Magistrate, Kamuthi.

2. The Superintendent, District Prison, Ramanathapuram.

3. The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.16420 of 2025 Date : 26.09.2025 6/6